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Mapmaker License Agreement & Release Form - Plain Wording

Explanation of the Terms and Conditions and the Release Form – not a substitute for the actual documents.

By ticking the boxes online, you are agreeing to the full Terms and Conditions of GMS’s Mapmaker License Agreement.

Download Registration documents and the Glossary of Definitions at GreenMap.org>Participate>Registration.

Please read the following carefully; it is your contract with Green Map® System (GMS) for your Green Map project. Keep a copy for reference. A Green Map may be produced in any format, including an interactive Open Green Map ("OGM Map") created with GMS’s Open Green Map mapmaking website ("OGM Tool").

GMS has the right to remove inactive or inaccurate Green Mapmakers' Profiles, Maps or data.

A) Requirements

Every Green Map project needs to register.

1) All Green Maps and Supporting Materials, including websites which use the Green Map Icons, must use this copyright/trademark notice:

The copyright/trademark notice must be placed in a visible location. If your Green Map and Supporting Materials are not in English, include the notice in both your language and English.

2) Use Green Map Icons only on Green Maps and Supporting Materials (related promotional and educational materials in any format).

If you use the Icons in any kind of money-generating venture other than a Green Map and Supporting Materials, GMS must receive a sample and approve their use before manufacture. You will be required to pay a modest percentage of the product’s budget and profits to GMS, specified in the approval email.

3) You may use the GMS Logo in different colors, sizes and languages. Include it in a prominent place on Green Maps and Supporting Materials. You can decide where to place it, or follow guidelines and suggestions in the Style Guide and Trademark Usage Guidelines (located in GreenMap.org’s Resources section).

If you translate the Green Map logo, email GMS a high resolution copy of it before is publicly disseminated.

4) All the protected material in section A and specifically the GMS trademark, logo and icons shall be collectively referred to as the "Licensed Material."

B) Scope

1) (i) For citywide projects, registered Mapmakers have the exclusive right to the production of Green Maps in the area. Only one citywide project is permitted per city, unless the Mapmaker registered for that city agrees to the simultaneous production of another citywide project.

(ii) Student, youth, business and large area (bigger than a city’s municipal boundaries) Green Map projects do not have exclusive rights to their area.

(iii) You own the copyright to your map, but GMS can include your Green Map in a printed or digital compilation.You give GMS a non-exclusive license to utilize your Green Map, its contents and Supporting Materials in furtherance of all Green Map purposes. Any other compilations of Green Maps will need GMS’s permission in writing in advance.

2) Inclusion in Archive

Green Map Archives are likely to be permanently deposited at an university or library, where they may be digitized and placed online, linked to GMS websites, and potentially, other websites. You grant GMS permission to include your Maps and materials in this deposited Archive.

3) Icons

(i) All Green Maps use Green Map Icons. You can add local icons or other symbols you design, but at least half (50%) should be Green Map Icons. Please share the symbols you have created.

(ii) Put credits and your own copyright on the map (GMS’s copyright notice, too). All of the credits, including the GMS Copyright/Trademark Notice should be equal in visibility and prominence on your map.

(iii) It is required that anyone to whom you give Green Map Icons and resources uses them ONLY on Green Maps and in Supporting Materials. Give them the complete Green Map Icon Kit and make sure GMS’s Copyright/Trademark notice is included on any Green Map or Supporting Materials they create.

(iv) You can have advertisements and sponsors on your map, but advertisers and sponsors are not permitted to influence or make any demands upon the map’s editorial contents or design. Ads must be clearly separate from your map’s editorial content and from the Green Map Icons.

(iv) Because the OGM Tool will allow the general public to make data contributions anywhere in the world, your exclusive use of the Licensed Material for that specific area not extend to the OGM Tool (see Terms of Use (linked to 'Legal' on most pages of GreenMap.org) for details). You are not required to add the green sites charted by others in your area to your OGM Maps.

(v) The OGM Tool uses an API that utilizes Google Map or other digital maps. Your usage of the Google Map API is free and not subject to your Service Support Fee. Your usage is subject to GreenMap.org's Terms of Use.

4) Generation of Income

Mapmakers may collect fees from sponsors who will be featured in designated areas adjacent to their OGM Map(s), as described in GreenMap.org's Tool Center under Fundraising. Mapmakers may sell ads or generate donations on their own website pages that include OGM Maps.

In order to keep the Mapmaker Service Support Fees modest, GMS shall have the right to generate income by licensing all data contained in the OGM Tool. This shall include widgets, tools for mobile access, sponsorships, grants, donations, awards, media projects, customized features or data-sharing usage. This revenue shall be retained by GMS. GMS may develop joint income projects with Mapmakers, too.

5) Continuing Projects

(i) Update your Mapmaker and Map Profiles in the GMS website often. Once a year is the minimum. It is expected that your Green Map will be published within two years; however, if you are on a longer time frame, please add an explanation/progress report to your Mapmaker and Map Profile.

(ii) Your Mapmaker Service Support Fee must be paid to date in order for your project to be considered Active. At the end of the 1, 2 or 3 year term you have selected, a reminder email for renewal will be sent to the address in your Mapmaker Profile.

If you are a business making a Green Map of your factories, offices and/or stores, you must have a social or sustainability program and a non-profit organization (preferably with Green Mapmaking experience) as an advisor.

All businesses: if you increase the number of mapped sites above the number of sites that have been paid for, you must immediately arrange to pay the difference. You must keep Map Profiles current for each of your Green Map projects.

Umbrella Projects are special situations where related/area projects work together with a non-profit organization on a special event or have language or internet access barriers to normal registration. If you increase the number of locales above the number of locales that have been paid for, you must immediately arrange to pay the difference. You must keep Map Profiles current for each of your Green Map projects. OGM Tool usage is subject to limitations further described in GreenMap.org's Terms of Use.

6) Termination of License

(i) We ask that you update your Mapmaker and Map Profiles at least once a year, and update your Mapmaker Service Support Fees in a timely manner. You have a 3 - month grace period after the end of your registered term to settle your Fee and continue as a Green Mapmaker.

You will be notified by email that it is renewal time. If you do not respond within 6 weeks, you will receive a second email reminder that you are in breach of your License Agreement. If you do not respond within 6 weeks of the second
email, you will be notified by email that your Mapmaker License Agreement is terminated.

(ii) If terminated, you will no longer have the right to use Green Map® Icons or Licensed Materials, nor to print or publish any new versions or editions as an official Green Map (although Green Maps created during your Licensed Term can be displayed and disseminated). You may not promote, announce or solicit funds nor develop your Green Map. We will not remove your data from the Greenhouse, but an Inactive button will show on your Profiles and a new Green Map project can be licensed in your area through a new registration.

You may not in any way profit from your terminated license (although you may offer your research, base maps, expertise, etc. on a voluntary basis to a new Mapmaker in your area).

C) Payments

1) Each Green Map project helps to support GMS’s continual development worldwide by contributing a Mapmakers Service Support Fee. The relevant amount for your project's full payment for Licensed Material will be determined by GMS’s online Fee Calculator (link) according to your type of organization, country and length of term. (4) You may substitute an approved Exchange Service for a part of or the entire Fee.

(2) Your term of use will begin on the date when GMS receives your Fee and sends you the official Welcome email. As described above, you will be notified by email when your term of use expires and a renewal payment is due.

(3) Payments will not be refunded for any reason once they are made.

Warranties & Representations

You agree that:

(i) All materials that you supply to GMS, including your Green Map(s) and Supporting Materials, are created and fully owned by you except for any illustrations, work product, statements, likenesses, base map, or other copyrighted works which you have the legal permission to use;

(ii) Your Green Map (s) and/or Supporting Materials contain no unlawful material, do not violate any intellectual property or libel laws, and do not have any material inappropriate for children;

(iii) Your Green Map’s contents are either true or based on accurate and honest research.

(iv) In the process of collecting information for your Green Map you do not break any laws or harm any person or entity.

(v) All Maps, data and Supporting Materials provided to GMS can be freely downloaded by the public and used in any lawful manner.

GMS agrees that:

(i) All materials supplied to you were either created by GMS and/or has been granted to GMS to use as described in the Terms and Conditions and the Mapmaker Release Form.

(ii) Your Maps and Supporting Materials’ copyright notice will be displayed by GMS. Both you and GMS agree to pay for any expenses or damages, including any attorney’s fees, because of a breach of the warranties made by either of us above.

In case of a lawsuit by either you or GMS, a “breach of warranty” claim has to be sent in writing with complete details within 8 weeks of notice, or the indemnification of the Terms and Conditions will no longer be valid.

E) No Partnership

This Agreement does not make GMS and you partners, employer/employees or representatives of each other. Neither GMS nor you have the right to make contracts in the name of the other unless it has been permitted in writing.

F) Notices:

All written notices required by your Mapmaker Registration may be made by email, or if impossible, by fax or international express mail. If done by email or fax (unless the notice is returned to you as undeliverable), the date of notice will be on the following day. If delivered by express mail, the date of notice will be the date when it was delivered and signed for.

Will become your entire legal agreement with GMS when you tick the boxes in Part E of the online Mapmakers Agreement and Release Form, overriding any previous communications or agreements. Any modification to these Terms and Conditions and the Release Form must be confirmed by email.

The terms and conditions are made in accordance with the laws of the State of New York and are binding upon both parties, regardless of your or GMS's location.

Any waiver of a specific condition by GMS will only apply to that specific circumstance and not to the Terms and Conditions as a whole.

Headings are for reference only.

As indicated in the introductory paragraph of this interpretation of the Terms and Conditions, ticking the boxes in Part E of your Mapmaker Registration as Licensee indicates that you have read completely, fully understand and agree to all of the Terms and Conditions, the meaning of which has been translated above.

Regarding the Formal Release

Ticking the boxes in Part E of your Mapmaker Registration indicates that you have read completely GMS’s Formal Release. Please have people participating in your project sign it and keep it in your file. It ensures that:

You have made these Materials:

(i) created or contributed to a map and/or related supporting materials

(ii) participated in an interview

(iii) appeared in pictures regarding the Green Map project.

You grant GMS permission to use these Materials and your name for any lawful purpose without expecting compensation.

You waive right to inspect or approve the use of the Material. You understand that GMS does not need to pay for it.

You promise that you have the power to grant these rights; that the Material is accurate and reflects personal observations; and, that you hold GMS harmless from any claims that may arise out of the use of the Material.

You are over twenty-one (21) years of age, and have read and understand the Formal Release.

Name (Print): __________________________________

Name (Signature): ______________________________

Address: _____________________________________

If under twenty-one (21) years of age a parent or guardian must sign.

I represent that I am a parent (guardian) of the minor who has signed the above Release and I agree that we will be bound thereby.